Article by Leaf News
Dear Herb: How can I get my weed back from the police?
They took a little over 30 grams, and they said I can get it back from them before 60 days.
I ordered it from ganjaexpress.ca, and it was sent to me in Nunavut. I was not ticketed or charged. — I Want My Weed Back
Dear Want My Weed Back: Thanks for your question. Based on what you’ve told me, I have bad news for you: it’s probably not a good idea for you to try and get this specific weed back from the police.
The police told you that you can apply to get the cannabis back within 60 days, and they’re technically correct: this section of the Cannabis Act lays out the rules for how police officers have to treat seized cannabis. It says that within 60 days of the seizure of cannabis, a person may apply, in writing, to a justice for an order to return the cannabis. If the justice “is satisfied that the applicant is the owner or is entitled to possession of the cannabis,” they can order the police to return it.
Here’s the problem for you: the mail-order cannabis dispensary that sold you the cannabis is not a government-licensed cannabis retailer. Therefore, any weed you bought from them is considered “illicit cannabis” under the Cannabis Act and is illegal for you to possess.
I called up cannabis lawyer Jack Lloyd to learn more. He said he couldn’t give specific legal advice on your situation, but generally speaking, he explained that Canadians have no legal right to possess a substance that’s considered illegal under the law.